I am in receipt of ESA PIP and my son receives DLA - can i claim Carers for my son

clairaben

hi there, 
i am new here and looking for some advice please. I am terminally ill and in receipt of ESA Income Based and HRC and HRM PIP. My son, aged 14 has ASD, ADHD, OCD, SPD .a  severe anxiety disorder and learning difficulties. He receives DLA 
Can  claim carers allowance for him? will this effect my esa ? i dont claim SDP as family take it in turns to stay over and help me, although no body lives here and nobody claims carers for either myself or my son . 
thanks 

calcotti

The fact that you have family coming over in turns to look after you does not prevent you claiming SDP in your ESA if you are the only adult normally resident in your house and no one is claiming Carer's Allowance or carer element of UC for looking after you. Contact ESA, explain the circumstances, and ask them to add the SDP. That is the most financially advantageous thing to do.

poppy123456

To answer your question about claiming Carers Allowance for looking after your son, yes you can. The Carers allowance will be deducted in full from your ESA and then they will add the carers premium of £37.70 per week to your ESA. So your ESA will reduce, your Carers allowance will be paid either weekly or 4 weekly, which ever you choose when you claim.

In total you will be £37.70 better off per week.

With the SDP claim then your benefits will increase by £105 per week.

calcotti

Revisiting this. My earlier reply treated these as alternatives but you can do both, claim the SDP and claim Carer’s Allowance.
You don’t mention it but, given the age of your son, do you claim Child Tax Credits for him?
Would you mind saying what rate of a DLA your son receives.
Is your ESA entirely income based or is any of it contribution based? If the latter you will not be paid any Carer’s Allowance but by claiming it would establish an entitlement which would get you the ESA Carer Premium.

clairaben

wow - thank you both so so much for a quick and informative reply. I rang the DWP when I had been in ITU for several weeks as they stop my PIP, and I advised them that my sister, mother and brother were taking it in turns to stay with me and they removed the SDP.. but i will call them tomorrow and ask them to rectify . 
My eldest son receives HRC  and LRM , he is 14. I also have a 2 year old son. 
I am not quite sure re ESa IR and Contribution based on my award letter its just states income related, but i have worked all my life since i was 16 so my nat ins are upto date ,  but unfortunately had to give up work in 2017 due to my cancer diagnosis and disabilities from surgery/chemo/radio/immunotherapy. 

thank you so much for your continued advice and support - i ahve never posted in this type of forum before and very helpful x 
  

calcotti

When you speak to ESA make sure they understand that although your various family members stay overnight they have their own homes elsewhere and do not actually live with you.

For reference
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1012921/dmgch44.pdf

44133 Single claimants, lone parents and claimants who are deemed to have no partner (see DMG 44116) are entitled to the lower rate SDP if

1. they are in receipt of

1.1 the middle or highest rate of the care component of DLA or 1.2 “AA” or

1.3 the daily living component of PIP or

1.4 AFIP and

2. there are no non-dependants aged 18 or over

2.1 normally residing (see DMG 44125) with the claimant or

2.2 who the claimant normally resides with and

3. CA or UC that includes the carer element is not in payment to anyone for caring for them (see DMG 44156).

44125 Normally resides means usually resides and should be tested over a period to which usually can relate. A person who is temporarily absent from their normal home, continues to normally reside where they usually live and with the people they usually live with.
..

Example 2

Mary normally lives alone in her own flat. She is entitled to SDP. Her brother Steven comes to stay with her for a week at a time every three months. He is not a non-dependant because he does not normally live with Mary. She keeps her entitlement to SDP whilst Steven is staying with her.